HomeMy WebLinkAboutCVRC Reso 2007-024
CVRC RESOLUTION NO. 2007-024
RESOLUTION OF THE CHULA VISTA REDEVELOPMENT
CORPORATION APPROVING THE EXTENSION OF THE
SPECIAL USE PERMIT SUPO-07-01 UNTIL MARCH 31, 2020
FOR ECOLOGY AUTO PARTS, INC. LOCATED AT 850
ENERGY WAY
WHEREAS, on February 14,2007 the City of Chula Vista received an application from
Ecology Auto Parts, Inc. (Applicant) for an extension of an existing Special Use Permit, SUPO-
07-01, until March 31, 2020 (Project) for the site at 850 Energy Way, which is diagrammatically
represented in Exhibit A and is incorporated into this resolution by this reference (Project Site);
and
WHEREAS, Conditional Use Permit #PCC-73-27, effective date December 12, 1973
originally allowed the automotive recycling facilities located at 850 Energy Way: and
WHEREAS, the City of Chula Vista, the Redevelopment Agency of the City of Chula
Vista, and the applicant entered into a Settlement Agreement relating to the Otay Valley Road
widening on December 8, 1992, which resulted in the extension of the previously mentioned
permit until December 8, 2005; and
WHEREAS, due to the establishment of a temporary tolling ordinance, the Special Use
Permit was automatically extended for an additional period of two years and three months to
March 8, 2008; and
WHEREAS, review of the project indicates that all conditions of the previously issued
permit have been met; and
WHEREAS, the proposed project was reviewed for compliance with the California
Environmental Quality Act (CEQA) and it was determined that the project qualifies for a Class
1 categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA
Guidelines because the proposed permit extension is for an existing facility that contemplates no
changes or expansion. Thus, no further environmental review is necessary; and
WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment
Corporation for consideration of the Project and notice of said hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the city and its mailing to
property owners within 500 feet of the exterior boundaries of the real property that is the subject
of the hearing at least 10 days prior to the hearing; and,
WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public
hearing to consider said Application at the time and place as advertised, namely July 26, 2007 at
6:00 p.m., in the City Council Chambers, 276 Fourth Avenue, before the Chula Vista
Redevelopment Corporation to consider public testimony, and said hearing was thereafter
closed; and,
CVRC Resolution No. 2007-024
Page 2
NOW THEREFORE BE IT RESOLVED that Special Use Permit SUPO-07-0l is hereby
APPROVED with an expiration date of March 31, 2020 according to the following findings and
subject to the conditions contained herein:
FINDINGS
A. That the proposed use at the particular location is necessary or desirable to
provide a service or facility which will contribute to the general well-being of the
neighborhood or the community.
The proposed use at the particular location is necessary or desirable to provide a service
or facility which contributes to the general well being of the neighborhood or the
community in that the recycling of End Life Vehicles (EL V s) results in cost savings in
recycled parts, energy conservation, parts availability, reduction in abandoned vehicles
and land filling, raw material supply, and reduced insurance rates via reducing costs of
repair and providing a market for totaled vehicles. Ecology Auto Wrecking also acts as
an approved oil-recycling center.
B. That such use will not, under the circumstances of the particular case, be
detrimental to the health, safety, or general welfare of persons residing or working in the
vicinity, or injurious to property or improvements in the vicinity.
The use will not, under the circumstances of the particular case, be detrimental to the
health, safety, or general welfare of persons residing or working in the vicinity, or
injurious to property or improvements in the vicinity since the land use is part of a larger
complex of auto wrecking facilities, auto auctioneers, contractor's yard, construction
material recycling, and the landfill. The use is considered an interim use and is regulated
for safety and health concerns via local and state agencies. In addition, conditions of this
permit require adequate offstreet parking, landscaping, and screening of potential visual
effects.
C. That the proposed use will comply with the regulations and conditions specified
in this title for such use.
The proposed use will comply with the regulations and conditions specified in the
Municipal Code for such use in that the use is a conditionally permitted use by the
Zoning Ordinance, and conditions have been attached that will make the use comply
with the regulations of the Zoning Ordinance.
D. That the granting of this conditional use will not adversely affect the general plan
ofthe city or the adopted plan of any governmental agency.
The granting of the special use permit extension will not adversely affect the General
Plan of the City of Chula Vista or the adopted plan of any governmental Agency since
the General Plan land use designation is "Industrial" and the Zoning Ordinance
identifies auto dismantling and recycling as a conditional use.
CVRC Resolution No. 2007-024
Page 3
CONDITIONS:
I. Required off street parking shall be maintained in a manner consistent with the
Chula Vista Municipal Code.
2. Landscaping and irrigation shall be maintained in a manner consistent with the
Landscape manual.
3. Fencing and other appropriate comparable-cost screening measures to ameliorate
adverse visual impacts shall be maintained.
4. Applicant shall continue to apply state of the art storage, safety, and conservation
measures, including, without limitation, drainage improvements, fire suppression
devices, and hazardous fluid collection. A list of such measures shall be prepared
by the applicant and approved by the Chula Vista Redevelopment Corporation,
to be attached hereto.
5. Applicant shall comply with any and all federal, state, and local laws and safety
standards.
6. The applicant shall and does hereby agree to indemnifY, protect, defend, and hold
harmless City, its Council members, officers, employees, agents and
representatives, from and against all liabilities, losses, damages, demands, claims,
and costs, including court costs and attorney fees (collectively, liabilities)
incurred by the City arising, directly or indirectly, from a) City's approval and
issuance of this Special Use Permit extension, b) City's approval or issuance of
any other permit or action, whether discretionary or non discretionary, in
connection with the use contemplated herein, and without limitation, any and all
liabilities arising from the operation of the facility. Applicant shall acknowledge
their agreement to this provision by executing a copy of this Special Use Permit
where indicated below. The applicant's compliance with this provision is an
express condition of this permit and this provision shall be binding on any and all
of the applicant's successors and assigns.
EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and applicant have each read,
understood, and agreed to the conditions contained herein. Upon execution, this document shall
be recorded with the County Recorder's Office of the County of San Diego, and a signed,
stamped copy returned to the Community Development Department. Failure to return a signed
and stamped copy of this recorded document within ten days of recordation to the Community
Development Department shall indicate the property owner/applicant's desire that the Project,
and the corresponding application for building permits and/or a business license, be held in
abeyance without approval. Said document shall also be on file in the Community Development
Department's files.
CVRC Resolution No. 2007-024
Page 4
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Signature of Property Owner/Applicant. Date
11
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Signature of Property Owner/Applicant
Date
CONSEQUENCES OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms to be
implemented and maintained over time, and any of such conditions fail to be so implemented
and maintained according to their terms, the Chula Vista Redevelopment Corporation shall have
the right to revoke or modifY all approvals herein granted; deny or further condition issuance of
future building permits; deny, revoke, or further condition all certificates of occupancy issued
under the authority of approvals herein granted; institute and prosecute, litigate, or compel their
compliance; or seek damages for their violations. Applicant or successor in interest gains no
vested rights by the Chula Vista Redevelopment Corporation approval of this Resolution.
INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Chula Vista Redevelopment Corporation that its adoption of this
Resolution is dependent upon the enforceability of each and every term, provision, and
condition herein stated; and that in the event that anyone or more terms, provisions, or
conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or
unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of
no further force and effect ab initio.
Presented by
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Approved as to form by
Ann Hix
Acting, Director of Community Development
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Ann Moore
General Counsel
CVRC Resolution No. 2007-024
Page 5
PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation
of the City ofChula Vista, California, this 9th day of August 2007, by the following vote:
AYES:
Directors:
NAYS:
Directors:
ABSENT:
Directors:
Arres~;/k
Ann Hix, Secretary
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
Desrochers, Lewis, Munoz, Paul, Reyes
None
1
I, Ann Hix, Secretary of the Chula Vista Redevelopment Corporation of the City of Chula Vista,
California, do hereby certify that the foregoing CVRC Resolution No. 2007-024 was duly
passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a regular
meeting of the Chula Vista Redevelopment Corporation held on the 9th day of August 2007.
Executed this 9th day of August 2007.
Ann Hix, Secretary